Identity Cards Act 2006

42 General interpretation

(1) In this Act—

• “apparatus” includes any equipment, machinery or device and any wire or cable, together with any software used with it;

• “biometric information”, in relation to an individual, means data about his external characteristics, including, in particular, the features of an iris or of any other part of the eye;

• “card” includes a document or other article, or a combination of a document and an article, in or on which information is or may be recorded;

• “the Commissioner” means the National Identity Scheme Commissioner appointed under section 22;

• “confirm”, in relation to the contents of an individual’s entry in the Register, is to be construed in accordance with subsection (4);

• “contravention” includes a failure to comply, and cognate expressions are to be construed accordingly;

• “crime” means a crime within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) of that Act);

• “designated document” means a document of a description designated for the purposes of this Act by an order under section 4;

• “designated documents authority” means a person with the power or duty to issue a designated document;

• “detection”, in relation to crime or serious crime, is to be construed in accordance with subsection (9);

• “document” includes a stamp or label;

• “enactment” includes—

  (a)

  a provision of Northern Ireland legislation; and34

  (b)

  enactments passed or made after the passing of this Act;

• “false”, in relation to information, includes containing any inaccuracy or omission that results in a tendency to mislead (and is to be construed subject to section 3(5));

• “fingerprint”, in relation to an individual, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of any of his fingers;

• “ID card” is to be construed in accordance with section 6(1);

• “information” includes documents and records;

• “issue”, in relation to a document or card, and cognate expressions are to be construed in accordance with subsection (5);

• “modification” includes omission, addition or alteration, and cognate expressions are to be construed accordingly;

• “necessary in the public interest” is to be construed in accordance with section 1(4);

• “place of residence” and “resides” and cognate expressions are to be construed subject to any regulations under subsection (10);

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “public authority” has the same meaning as in section 6 of the Human Rights Act 1998 (c. 42);

• “public service” is to be construed in accordance with subsection (2);

• “the Register” means the National Identity Register established and maintained under section 1;

• “registrable fact” has the meaning given by section 1(5) and (6);

• “serious crime” means crime that is serious crime within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3) of that Act);

• “statutory purposes” means the purposes specified in section 1(3);

• “subject to compulsory registration” means required to be entered in the Register in accordance with an obligation imposed by an Act of Parliament passed after the passing of this Act;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(2) References in this Act to the provision of a public service are references to—

(a) the provision of any service to an individual by a public authority;

(b) the exercise or performance in relation to an individual of any power or duty of a Minister of the Crown, the Treasury or a Northern Ireland department;

(c) the doing by any other person of anything in relation to an individual which that other person is authorised or required to do for purposes connected with the carrying out of any function conferred by or under an enactment;

(d) the provision of any service to an individual under arrangements made (directly or indirectly) between the person providing the service and a public authority who, for purposes connected with the carrying out of a function so conferred on that authority, bears the whole or a part of the expense of providing the service to that individual; or

(e) the acceptance or acknowledgment of the conduct of an individual as compliance by that individual with a requirement imposed on him by or under an enactment, or the receipt of any notification or information provided by an individual for the purpose of complying with such a requirement.

(3) References in this Act to an application for the provision of a public service include references to any claim, request or requirement for the provision of the service.

(4) References in this Act to an individual confirming the contents of his entry in the Register are references to his confirming that entry to the extent only that it consists of information falling within paragraphs 1 to 5 of Schedule 1 or section 3(3).

(5) References in this Act to the issue of a document or card include references to its renewal, replacement or re-issue (with or without modifications).

(6) References in this Act to a designated document being issued together with an ID card include references to the ID card and the designated document being comprised in the same card.

(7) References in this Act to providing a person with information recorded in an individual’s entry in the Register include references to confirming or otherwise disclosing to him—

(a) that the information is recorded in that entry; or

(b) that particular information is not recorded in that entry.

(8) References in this Act to information recorded in an individual’s entry in the Register include references to a password or code generated by a method so recorded.

(9) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) (which defines detection) applies for the purposes of this Act as it applies for the purposes of the provisions of that Act that are not in Chapter 1 of Part 1 of that Act.

(10) The Secretary of State may by regulations make provision for the purposes of this Act as to the circumstances in which a place is to be regarded, in relation to an individual—

(a) as a place where he resides; or

(b) as his principal place of residence in the United Kingdom.